Docket Item "E" R(C)-13-04 Johnstown Estates

CITY COUNCIL PACKAGE FOR MAY 21, 2013

Page 1 – 2 Application Summary 3 – 6 Planning Commission Minutes 7 – 13 Proffer Statement

14 – 18 Staff Reports: April 10, 2013 19 – 40 March 29, 2013 41 Fiscal Impact Analysis 42 – 44 Environmental Site Assessment, Findings and

Conclusions Summary, Phase I 45 – 46 Site Plans 47 Aerial 48 GIS Parcel Exhibit

1 APPLICATION SUMMARY

R(C)-13-04 Johnstown Estates

LOCATION: 1332 Waters Road

PROPOSAL: A conditional zoning reclassification of approximately 9.7 acres from A-1, Agricultural District (8.97 acres) and R-15s, Residential District (0.77 acres) to R-10s, Residential District to construct 21 single family detached residences.

SUBMITTED: 2-8-13 ACKNOWLEDGED BY COUNCIL: 2-14-13

STAFF RECOMMENDATION

Approval with proffers

PLANNING COMMISSION

HEARING DATE: 4-10-13

RECOMMENDATION: APPROVAL with proffers

VOTE: 8 - 0

ATTACHMENTS

Minutes, Proffer Statement, Staff Reports, Fiscal Impact Analysis, Environmental Site Assessment, Findings and Conclusions Summary - Phase I, Site Plan, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY

R(C)-13-04 Johnstown Estates

APPLICANT: Kopassis Construction, Inc. Attn: Andrew X. Kopassis 1660 Bay Point Drive Virginia Beach, VA 23454 434-0336 No email address Officers: Andrew X. Kopassis, President Mimi Stephan-Kopassis, Secretary

OWNER: Kopassis Development Corporation (0590000000267) Attn: Andrew X. Kopassis 2753 Rex Lane Virginia Beach, VA 23456 434-5355 No email address Officers: Andrew X. Kopassis, President Nikolaos E. Kopassis, Vice President Mimi Stephan-Kopassis, Secretary Xenophon E. Kopassis, Treasurer/Manager

OWNER: Henry C. Huddleston (0590000000266) 1332 Waters Road Chesapeake, VA 23322 650-2377 No email address

AGENCY: Wooten & Shaddock, PLC Attn: Grady A. Palmer, Esq. 1435 Crossways Blvd, Suite 303 Chesapeake, VA 23320 452-4041 gpalmer@wootenshaddock.com

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DRAFT April 10, 2013 Public Hearing Minutes

R(C)-13-04 PROJECT: Johnstown Estates APPLICANT: Kopassis Construction, Inc. AGENCY: Wooten & Shaddock, PLC PROPOSAL: A conditional zoning reclassification of approximately 9.7 acres from A-1, Agricultural District (8.97 acres) and R-15s, Residential District (0.77 acres) to R-10s, Residential District to construct 21 single family detached residences. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 1332 Waters Road TAX MAP SECTION/PARCELS: 0590000000266, 0590000000267 BOROUGH: Pleasant Grove

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that R(C)-13-04 be APPROVED with the following proffers: (8-0; Kish/Van Laethem)

1. The applicant/owner agrees to reserve, for acquisition by the City as future public right-of-way, that portion of the subject property 120 feet in width that is generally depicted as “Waters Road extended” on the City’s current 2050 Master Transportation Plan for the ultimate construction of a realignment of Waters Road. The applicant/owner agrees that the reservation area may be acquired by the City at pre-zoning value. Such reservation shall be shown and recorded on the subdivision plat for the development. The applicant/owner further agrees that the final subdivision plat shall contain verbiage stating that the reservation may be acquired by the City at pre-zoning value when the Waters Road extended becomes a funded project. In addition, the reservation will automatically expire in the event that: (1) Waters Road extended is removed from the 2050 Master Transportation Plan or subsequent plan or (2) it is determined by the City that the Waters Road extended will not be constructed at this location.

a. Furthermore, the applicant/owner agrees to own and maintain the reservation area and that no dwellings shall be constructed within the reservation area unless the reservation expires, as provided in the above paragraph.

b. At the time the final subdivision plat is submitted for recordation, the applicant/owner agrees to record a deed of reservation and shall also note the reservation on the subdivision plat.

4 Chesapeake Planning Commission DRAFT April 10, 2013 Public Hearing Minutes

2. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public school facilities, public transportation facilities, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $4,000 per residential dwelling unit. The applicant/owner agrees to make the proffered cash contribution prior to the issuance of a certificate of occupancy for each residential dwelling unit, or building containing residential units. The applicant/owner acknowledges and agrees that the cash contribution may be deposited into the City of Chesapeake’s “lock box,” also known as the General Fund Reserve for Future Capital Needs and shall be subject to City Council approval prior to appropriation and used for capital improvements as permitted by the Chesapeake Proffer Policy. The cash proffers may be used for alternative improvements approved by the City Council under Section 15.2-2303.2 of the Code of Virginia, including major repairs and renovations of public facilities, to the extent permitted by state law. The cash contribution shall be allocated as follows: Schools $1591; Transportation $1454; Libraries $570; Emergency Services $385.

3. The applicant/owner agrees that all use of shallow unconfined groundwater will be prohibited on the subject property including, but not limited to, potable drinking water and irrigation. Each on-site storm water management facility shall contain a geotextile liner to inhibit interaction between the facility and the shallow unconfined groundwater aquifer. Furthermore, the applicant/owner agrees to utilize clean utility corridor technologies within the subject property in accordance with EPA guidance before the installation of public utilities, sewer laterals, storm water pipes and roads. In particular, geotextile liners and operation safety guidelines will be implemented to protect workers in trenches. The requirements of this proffer may be deemed satisfied and no further action required if the City Manager, or designee, determines in writing that appropriate ground water testing performed by the applicant/owner demonstrates that there is no ground water contamination associated with the underground storage tank.

4. The applicant/owner agrees to ensure that full written disclosure of ground water and soil contamination associated with the residential underground storage tank is included in within the notes of all recorded subdivision plats, all initial contracts for purchase of lots by builders and first occupants and all deeds of conveyance, restrictive covenants and condominium association documents and the exact language shall be subject to approval by the City Attorney’s Office. This disclosure shall contain any known or suspected contaminant data, including all stipulated engineering and/or land use controls on the subject property within the groundwater, surface water and/or soils on the subject property

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DRAFT April 10, 2013 Public Hearing Minutes

identified within McCallum’s December 30 2010 Phase 2 ESA and other reports investigating the source, extent and risk posed by the subject property, in addition to remediation, monitoring and corrective action measures conducted within the subject property. The applicant/owner is solely responsible for ensuring that this disclosure language is included in the instruments described above. The applicant/owner acknowledges that the City is under no duty to inspect or review contracts, deeds, restrictive covenants, homeowner association documents and other recorded instruments. It is further acknowledged and agreed by the applicant/owner that the duty of ensuring compliance appropriately lies with the parties responsible for the development, construction, and marketing of the subdivision, e.g., owners, subdivider, developers, builders, and sellers. Upon the written determination by the City Manager or designee, this disclosure shall not be required if appropriate testing performed by the applicant/owner demonstrates that all of the contaminated soil has been lawfully removed from the property and that there is no ground water contamination associated with the underground storage tank.

5. The applicant/owner agrees to design and construct an additional right turn lane for the east bound traffic on Waters Road at the intersection with Johnstown Road. The improvements shall include widening east bound Waters Road to provide two out bound lanes with sufficient width and turning radii within the City's existing right-of-way and applicant's dedicated portion of the subject property, road design, road construction, project management, paving, striping, installing curb and gutter, ditch and shoulder improvements, and improving roadside drainage facilities. These improvements shall be designed and constructed in accordance with the Department Development and Permits requirements or bonded before approval of the subdivision plat.

6. The applicant/owner agrees to dedicate one-half of the 120’ width necessary for the construction of a four lane roadway for Johnstown Road as provided for in the Master Transportation Plan. The dedication shall be made with the recordation of the subdivision plat for tax parcel #0590000000267.

7. The applicant/owner agrees to install a 6’ privacy fence along the entire property line between the two parcels that are subject to this rezoning application (tax parcel #0590000000266 (1332 Waters Road) and tax parcel #0590000000267) and tax parcel #0590000000265 (1326 Waters Road) which shall begin at the northern most point on tax parcel #0590000000266 permitted by the Zoning Ordinance (25 feet from the edge of the right of way for Waters Road or the established front yard, whichever results in the farthest setback from Waters Road) and continuing south for approximately 1,206 feet to

6 Chesapeake Planning Commission DRAFT April 10, 2013 Public Hearing Minutes

the 20’ drainage easement as generally depicted on the rezoning exhibit date stamped February 8, 2013, but the installation shall not interfere with any future perimeter drainage design as determined by the Director of Development and Permits, or designee. The fence shall be subject to the approval by the Zoning Administrator and shall be installed before the issuance of the first building permit for a principal structure on the subject property. A property owners’ association shall be established pursuant to Section 13-1800 et seq. of the Chesapeake Zoning Ordinance and shall be required by the organizational documents to maintain the fence for fifteen (15) years from that date that R(C)-13-04 is approved or until such time that tax parcel #0590000000265 (1326 Waters Road) is rezoned or subdivided for residential development, whichever occurs first.

Mrs. Hanson read R(C)-13-04 into the record for Commission review and action.

Staff Presentation:

Mr. Hobbs stated that based on sound planning practices, Planning staff recommended R(C)-13-04 be APPROVED with the proffers as listed in the official agenda.

Proponent:

Grady A. Palmer, Attorney, Wooten & Shaddock, PLC, 1425 Crossways Boulevard, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-13-04 representing Johnstown Estates.

John T. King, Jr., 1326 Waters Road, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-13-04 representing himself.

Opponent:

Ernest Jackson, 1329 Waters Road, Chesapeake, Virginia, appeared before the Commission in opposition to R(C)-13-04 representing himself.

The citizen who spoke in opposition had safety and traffic concerns.

COMMISSION VOTE:

Commissioner Kish moved that R(C)-13-04 be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 8-0.

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42 ENVIRONMENTAL SITE ASSESSMENT, PHASE I

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Johnstown Estates R(C)-13-04 APPLICANT: Kopassis Construction, Inc. AGENCY: Wooten & Shaddock, PLC PROPOSAL: A conditional zoning reclassification of approximately 9.7 acres from A-1, Agricultural District (8.97 acres) and R-15s, Residential District (0.77 acres) to R-10s, Residential District to construct 21 single family detached residences. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 1332 Waters Road TAX MAP SECTION/PARCELS: 0590000000266, 0590000000267 BOROUGH: Pleasant Grove

41 Fiscal Impact AnalysisDRAFT April 10, 2013 Public Hearing MinutesDRAFT April 10, 2013 Public Hearing MinutesDRAFT April 10, 2013 Public Hearing MinutesDRAFT April 10, 2013 Public Hearing Minutes